Wisconsin judge upholds voter-approved cash bail measures

A Dane County Circuit Judge ruled that stricter cash bail measures approved by Wisconsin voters will remain in effect, despite a lawsuit challenging their procedural validity. The lawsuit, initiated by criminal justice advocates, questioned whether the Legislature had properly submitted the ballot questions to the correct elections officials and adhered to submission deadlines. Judge Rhonda Lanford determined that the technical violations cited did not justify overturning the election results, as the Legislature had substantially complied with the law. The amendments in question allow judges to consider a defendant's past convictions for violent crimes and their risk to public safety when setting bail. These measures were approved by a significant majority of voters, with 67% and 68% support for the amendments, indicating strong public backing for the changes. The lawsuit was brought forth by WISDOM and EXPO Wisconsin, organizations focused on combating mass incarceration and supporting individuals with criminal histories. In her ruling, Lanford noted that there was no evidence that a two-day delay in filing the measures with county election officials undermined the integrity of the election process. She also found no issues with the certification and organization of the referenda by the Wisconsin Elections Commission. The judge had previously rejected attempts to block the measures from appearing on the ballot, stating that the plaintiffs had not demonstrated they would suffer irreparable harm. The ruling reinforces the legitimacy of the voter-approved measures, which aim to enhance public safety by allowing judges to make more informed decisions regarding bail. The decision is seen as a significant step in the ongoing debate over cash bail reform in Wisconsin, reflecting the complexities of balancing public safety with the rights of defendants.